What is an evacuation agreement in Turkey? Why are all the landlords and tenants quarreling?
In Turkey, rental legislation is founded on a system that protects the tenant, not the landlord. Tense moments began to arise between the tenants and the landlords, who held the old lease agreement when the current prices skyrocketed with the real estate crisis that happened recently.
A letter of eviction is, in brief, a declaration by the tenant that they will quit the leased property by a certain date. In other words, if the tenant indicates that they will quit the rented property at the end of a defined time period, the tenant has the right to evict the tenant at the conclusion of the specified time period.
The obligation to evacuate is stipulated in Article 6098 of the Turkish Code of Obligations. This topic, which is governed by Article 352 of the Code, is handled under the title Termination of the Agreement in Dwelling and Roofed Workplace Leases in the rental agreements portion of the law.
Contract termination for the renting of dwellings and roofed offices can be done through notice or through a lawsuit. If the rental agreement is terminated through litigation, it may be for the landlord’s or tenant’s reasons.
Invalid Evacuation Agreements Regarding Turkish Law
Important to Know about Eviction Agreement (Tahliye Taahhütnamesi)
Notary public-issued eviction notices may be of a standard or eviction-related kind. Under the typical evacuation commitment, the signature may be objected. The signature cannot be contested in the notary public’s release promise. If an objection is raised, a decision must be made to reject it. In the event of an objection to the signature of the usual discharge commitment, a petition for eviction cannot be filed with the enforcement court along with a request to remove the objection. As the signature examination will be conducted, the action to be filed in the civil court of peace must be “the action for annulment-evacuation of the objection.”
How to Evict a Tenant Who Has Provided an Evacuation Undertaking?
The eviction letter cannot automatically evict the tenant. It grants the right to utilize legal procedures to achieve the eviction of the renter. Article 352 of the Turkish Code of Obligations provides two options for a person with a valid release letter. The first option is to file a lawsuit to evict a tenant. This is known as the eviction case. This action must be filed within one month of the date the tenant claimed in the eviction notice that he or she will quit the property.
Another option is to request enforcement. The tenant is evicted based on the letter of eviction issued by the enforcement authority. These procedures require specialized legal understanding. For this reason, it is usually advisable to continue necessary proceedings with legal representation. Even during the preparation of an eviction letter, obtaining legal counsel eliminates potential complications. A mistake or omission in this procedure could deprive the individual of the speedy and effective tenant eviction option provided above. Check out our services and learn more.
